Higher Education Support (Maximum Payments for Commonwealth Scholarships) Determination 2019

Overview

The Higher Education Support (Maximum Payments for Commonwealth Scholarships) Determination 2019 (Determination) was issued under section 46-40 of the Higher Education Support Act 2003 and was introduced to address the need for the Minister for Education to determine, by legislative instrument, the total payments made for Commonwealth Scholarships in respect of a year starting on or after 1 January 2017 before the start of that year. This Determination revokes the previous Higher Education Support (Maximum Payments for Commonwealth Scholarships) Determination 2018, and sets out the maximum amount of all payments for Commonwealth Scholarships for the 2019 to 2023 calendar years. The Determination aims to provide clarity and surety of funding for programs that support access and equality in higher education, and is compatible with human rights as it enables access to education. The Determination was issued under the authority of the Minister for Education and does not require consultation as it implements Government decisions already announced. The Determination is compatible with human rights because it provides clarity and surety of funding for programs that support access and equality in higher education.

Scope and Application

The Higher Education Support (Maximum Payments for Commonwealth Scholarships) Determination 2019 applies to the financial administration and allocation of funds under Part 2-4 of the Higher Education Support Act 2003, specifically concerning the Commonwealth Scholarships. The Determination is applicable to the Commonwealth, governing the maximum payments that can be made for scholarships for the 2019 to 2023 calendar years. It revokes the previous determination from 2018, setting new caps on the total payments for scholarships over the specified period, with adjustments for indexation factors for certain years. The Determination is consistent with the human rights to education as it facilitates access to higher education by ensuring financial support through scholarships is available and predictable within reasonable budgetary constraints. The instrument is a legislative one under the Legislation Act 2003 and becomes effective upon registration on the Federal Register of Legislation.

Key Provisions

The Higher Education Support (Maximum Payments for Commonwealth Scholarships) Determination 2019 (Determination) outlines the maximum payments for Commonwealth Scholarships over the period of 2019 to 2023. This legislative instrument revokes the previous Higher Education Support (Maximum Payments for Commonwealth Scholarships) Determination 2018, and sets out the new maximum amounts for the scholarships over the specified period. Specifically, the Determination retains the maximum payment for 2019, increases the maximum for 2020 to 2022, and provides a maximum for 2023 (subsections 46-40(3) and (4)). The amounts for 2020 to 2023 are indexed using the 2020 indexation factor, although the indexation factors for 2021 to 2023 are yet to be determined. This Determination ensures that the Commonwealth Scholarship program remains financially viable and accessible to those who need it. The obligations under the Act for the parties involved include the provision of scholarships to students, either directly or indirectly, or for postgraduate research scholarships. The Minister is required to determine the maximum amounts payable for the 2020 to 2023 calendar years. By doing so, the Determination will support the payments of the Commonwealth Scholarships in accordance with the table in subsection 46-40(1) of the Act. The scholarship recipients are entitled to receive payments up to the maximum amount set by the Determination. The Minister, in turn, has the responsibility of setting these maximum amounts and ensuring that the scholarship program remains financially viable and accessible. The Determination does not create new commitments but implements Government decisions already announced, therefore no consultation was undertaken. However, it is compatible with human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. It engages the right to education contained in Article 13 of the International Covenant on Economic, Social and Cultural Rights. The maximum amounts are capped having regard to reasonable, necessary and proportionate constraints on spending, which ensures that the Determination is compatible with, and does not impermissibly limit, the right to education. There are no specific offences, penalties, or civil/criminal consequences for breach stated in the Determination. However, the Determination ensures the Commonwealth Scholarship program remains financially viable and accessible, and breaches of the Determination could potentially lead to a failure in the scholarship program. This could result in the Minister facing scrutiny and potential consequences from the government and the public for not adequately fulfilling their obligations under the Act.